Hindu Law and Custom (Recht und Sitte) c7.811

c7.811

In the epoch of commentators very important local differences cropped up, specially between Bengal and the other provinces ². This may be taken to be an indication of the fact that also the differences in the Smṛtis regarding the law of partition are for the most part or almost wholly based on the differences of *deśadharma*. The customary law too shows various phases which often perfectly agree with the Smṛtis. Thus in the customary law of the Punjab the father's absolute authority to dispose of the immovable property is curbed by the right of the sons and other agnate relations but not his authority over the movable property and that again only with reference to the immovable property which has been inherited in contradistinction to his own acquisitions ³. In most cases only the sons or the nearest heirs, in Sialkot however all the descendants of the same great-grandfather, have the right of protest if the father sells the property. The father cannot be compelled to undertake the partition during his life-time, but it is equivalent to his death if he enters a religious order and partly also if he changes his religion and loses his caste. The head of the family may divide the family property according to his will, all the same whether further children may be expected or not, only, if the division is unequal, it need not be acknowledged any longer after his death when every member of the family entitled to inheritance may demand a partition. The women receive no share unless on failure of male descendants, see § 24.